Court Claim Reston Solicitors/Arrow Global

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi all,
thank you for taking the time to reply and put me at my ease. Ok I'll sit tight for awhile longer and see if they reply to the letters.
Thanks again, I appreciate it.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi,

I've received a reply from Arrow Global today saying they are NOT the creditor as envisaged!! I have no idea what to do next about the CCJ. Should I wait as planned or upload their letter (I've attached it to this message) to the moneyclaim site? Or do I now ask them to stop the CCJ?

Thank you once more for your help.

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

Just out of interest, did they return the £1? (Not that it makes any difference, lol!)

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi Charity,

yes indeed they have returned the £1 postal order....very decent of them don't you think as I could have handed over the better part of £4000 and I didn't even owe it to them?!! I'm feeling slightly nauseous at the idea

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, sorry for asking again - is there anyone who can tell me what my last letter from Arrow Global means and how should I proceed?

Many thanks,

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

Hi

I'm not sure anyone knows what that letter means.
Not even Arrow themselves.
As far as I can ascertain, s189 of the Consumer Credit Act 1974 (CCA) is self-explanatory.

“creditor” means [F15(except in relation to green deal plans: see instead section 189B(2))] the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

& your obligation under ss77-79 CCA is only to send a request together with a fee of £1.
Whether or not they accept your payment is immaterial to the validity of the request.
The letter does serve a useful function in that they cannot now deny that they were in receipt of a CCA request together with an appropriate fee.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi Charity,

thank you, I wasn't sure if Arrow's reply was a standard type reply...it would appear not then? How can it even be legal for a company to chase a debt that they don't actually own?

I'm so confused! I guess I just hold tight for another week and see how it all pans out.

Many thanks

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

From what I've seen, it appears to be a standard template response from them.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Ok thank you Charity. If it is a standard response, does it have a standard meaning? Because that's the bit I'm not understanding....what does it mean?

Sorry for so many questions

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

Suffice to say that, while they have appeared to have sent that, or very similar, letters to Litigants in Person, I have not seen them arguing same when the person is legally represented.
You might very well think that they are deliberately trying to lie to the consumer, & thereby avoid their obligations under the CCA, & you might be entitled to the thought.
Of course, I couldn't possibly comment.

[warwick65]

Re: Court Claim Reston Solicitors/Arrow Global

I would be very interested indeed to know if they had sent similar letters to solicitors. I suppose by their very nature, small claims tend not to have legal representation , although not always the case.

It would be nice to see a solicitor let loose on them after they sent that letter. Sadly they only have one very small account of mine but if that changes....watch this space

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

I would be very interested indeed to know if they had sent similar letters to solicitors. I suppose by their very nature, small claims tend not to have legal representation , although not always the case.

It would be nice to see a solicitor let loose on them after they sent that letter. Sadly they only have one very small account of mine but if that changes....watch this space

Thinking on this, if they say they are not the creditor, & the Consumer Credit Act identifies the 'creditor', inter alia, as the assignee, are they in effect stating that they therefore do not have the locus standi to bring a claim in their own right?

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

Hi, I have until the 25th June to lodge my defence with moneyclaim.....the only plan I have is to sit tight for another week and then to form some sort of defence. My original query with Restons was that the debt is statute barred. I know it may be a petty thing and hold no legal sway, but when I sent my first letter asking them to prove it wasn't statute barred there is a line in their reply letter that says they would not be issuing legal proceedings against me (image attached of that letter further back on this thread). When the time comes is it ok to ask for help forming my defence? Because I'm more than a little lost.

Many thanks,

[charitynjw]

Re: Court Claim Reston Solicitors/Arrow Global

Having read back, imho you cannot rely on that statement at all.
To me, it is just a mistake. The sentence, combined with the next paragraph, only make sense if the word 'not' is removed.

[Devoncaz]

Re: Court Claim Reston Solicitors/Arrow Global

No I didn't think it could be used as my defence....it just annoyed me I know I still have another week to go.....I'll try to stop fixating on it.

Thank you for your reply.